The U.S. National Security Agency (NSA) has been purchasing internet browsing records from data brokers, a practice revealed by U.S. Senator Ron Wyden. These purchases, which bypass the need for a court order, have raised concerns about privacy violations and the legality of acquiring Americans’ data.
Senator Wyden criticized the government’s role in legitimizing this “shady industry” and stressed the privacy risks posed by metadata, which could reveal sensitive personal information. In response, the NSA stated it adheres to compliance regimes to minimize the collection of U.S. citizens’ information and only acquires data relevant to its mission requirements. The agency also clarified that it does not use phone location data or automobile telematics systems data from within the U.S. without a court order.
Ronald S. Moultrie from the Department of Defense emphasized that commercially available information is used in compliance with privacy and civil liberties protections. The disclosure follows earlier revelations in 2021 about the Defense Intelligence Agency (DIA) buying domestic location data from smartphones.
This practice of warrantless data purchase has been scrutinized in the aftermath of the Federal Trade Commission (FTC) prohibiting companies like Outlogic and InMarket Media from selling location information without users’ informed consent. These companies are now barred from collecting data that tracks visits to sensitive locations. Senator Wyden highlighted the lack of transparency and consumer awareness regarding data brokers and third-party apps selling location data, including to government contractors for national security purposes. He pointed out the industry-wide issue of consumers being uninformed about the usage and sale of their data, a practice that potentially violates laws and regulations regarding data privacy and consent.
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